N.R. Sairaman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3331 of 2018 and WMP.No.4074 of 2018 1.N.R.Sairaman 2.R.Dhamodharan .. Petitioners Vs.

1.The District Collector Tiruvallur District Tiruvallur.

2.The Tahsildar Ponneri Taluk Ponneri, Tiruvallur District.

3.N.V.Mani Babu Son of Balakrishnan 4.N.J.Ganesh Son of Jeyaram Mudaliar 5.N.R.Rameshkumar Son of R.A.Rajarathinam ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records pertaining to the order dated 29.01.2018 passed by the 2nd respondent made in Na.Ka.No.2046/2016/A2 and quash the same.

For Petitioners : Mr.M.Gnanasekar For Respondents : Mr.R.Govindasamy Special Government Pleader for R1 & R2

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 and 2.

2. The petitioners are aggrieved against the order of the second respondent dated 29.01.2018, which is nothing but an enquiry notice, calling upon the petitioners to appear before https://hcservices.ecourts.gov.in/hcservices/

the second respondent for an enquiry on 09.02.2018, in respect of the Patta proceedings.

3 When the impugned order itself is a notice of enquiry, I do not think that the petitioners can maintain the present writ petition, challenging the same, when the petitioners do not dispute or question the competency or jurisdiction of the second respondent. Therefore, it is for the petitioners to attend the enquiry and place all the contentions before the second respondent, as has been raised before this Court in this writ petition. Therefore, I find no reason to entertain this writ petition, as the same is not maintainable. Accordingly, this writ petition is dismissed, however, granting liberty to the petitioners to appear before the second respondent and take part in the enquiry.

No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.The District Collector Tiruvallur District Tiruvallur.

2.The Tahsildar Ponneri Taluk Ponneri, Tiruvallur District.

+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.12281 +1cc to the Government Pleader, S.R.No.12166 W.P.No.3331 of 2018 AK(CO) RRK(05/03/2018) https://hcservices.ecourts.gov.in/hcservices/